Small Victory for DePuy Hip Replacement Plaintiffs

A New York couple who had filed a DePuy hip replacement lawsuit against defendants DePuy Orthopedics, Johnson & Johnson, and Niagara Orthopaedic Supplies has prevailed after the defendants tried to get their case moved to the DePuy multidistrict litigation taking place in Ohio. Plaintiffs Paul and Tammie Stuhlmiller filed a DePuy hip lawsuit with a DePuy hip lawyer after Paul suffered side effects and failure after being fitted with a DePuy ASR hip replacement system. 

Plaintiffs file DePuy lawsuit after hip replacement problems

A number of patients of DePuy ASR hip replacement systems are choosing to consult DePuy hip lawyers and take legal action after experiencing DePuy hip failure and DePuy hip problems including premature loosening of the implant. The DePuy ASR artificial hip replacement device was pulled from the market in 2010 after reports and studies showed an unusually high rate of premature loosening or failure of the hip replacement system. 

DePuy defendants aim to move hip lawsuit to MDL

The three defendants in the Stuhlmillers' DePuy lawsuit filed a motion to have the case moved to the multidistrict litigation currently proceeding in an Ohio federal court. The Stuhlmillers and their DePuy hip lawyer objected to this because Niagara Orthopedic Supplies shares New York citizenship with the Stuhlmillers, and one of the requirements needed to remove a case from state to federal court is "diversity of citizenship". 

The Stuhlmillers' lawyer also argued that a required notice pertaining to the removal of the case to federal court was mistakenly sent to the wrong address, therefore leaving the Stuhlmillers unaware of the move for a significant amount of time. 

The United States' Judicial Panel on Multidistrict Litigation agreed to stay the order of transfer, leaving time and an opportunity for the DePuy lawyer for the plaintiffs to fully argue the position.